SOUPAL v. SHADY VIEW, INC.

Docket No. 123698.

672 N.W.2d 171 (2003)

469 Mich. 458

James SOUPAL, Geri Soupal, Alan Hay and Sandra Hay, Plaintiffs-Appellants, v. SHADY VIEW, INC., Defendant-Appellee.

Supreme Court of Michigan.

December 11, 2003.


Attorney(s) appearing for the Case

Carey & Jaskowski, P.L.L.C. (by William L. Carey), Grayling, for the plaintiff.

Cox, Hodgman & Giarmarco, P.C. (by William H. Horton and Kaveh Kashef), Troy, for the defendant.


OPINION

PER CURIAM.

The question before the Court is whether an association of multiple families may provide a communal access to Higgins Lake notwithstanding the local zoning ordinance that permits only single-family uses on the property owned by the association. We conclude that the association's communal use of the property violates the zoning ordinance. We vacate the judgments of the lower courts and remand the matter to the circuit court for further...

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